Balboa Insurance v. S.S.D. Distribution System, Inc.

William W. Young, Judge.

Plaintiff-appellant, Balboa Insurance Company (“Balboa”), appeals the Butler County Court of Common Pleas order that terminated its complaint against defendant-appellee, S.S.D. Distribution System, Inc. (“SSD”). The trial court concluded that Balboa was collaterally estopped from seeking indemnification against SSD based upon the findings of fact and conclusions of law set forth in a prior case, Roseberry v. Balboa Ins. Co. (1993), 90 Ohio App.3d 33, 627 N.E.2d 1062.

The operative facts of this case were set forth in Roseberry v. Balboa. Robert Roseberry owned a truck…